Procurement of Goods: Standard Bidding Documents

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STANDARD BIDDING DOCUMENTS
Procurement of Goods
Foreword
These Bidding Documents for Procurement of Goods have been prepared for the procurement of
goods through National Competitive Bidding (NCB) for projects in the Republic of Iraq that are
financed in whole or in part by the World Bank. They are consistent with the May 2004 [edition
of the] Guidelines for Procurement under IBRD Loans and IDA Credits.
These Standard Bidding Documents are based on the October 2001 version of the Master
Bidding Documents for Procurement of Goods and Users Guide, prepared by the Multilateral
Development Banks and International Financing Institutions. The Master Bidding Documents
reflect best practices by these institutions.
These Bidding Documents for Procurement of Goods, assume that no prequalification has taken
place before bidding.
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SBD for Procurement of Goods

Summary
PART 1 BIDDING PROCEDURES
Section I.
Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their bids. Information
is also provided on the submission, opening, and evaluation of bids and on the
award of Contracts. Section I contains provisions that are to be used without
modification.
Section II.
Bidding Data Sheet (BDS)

This Section includes provisions that are specific to each procurement and that
supplement Section I, Instructions to Bidders.
Section III.
Evaluation and Qualification Criteria

This Section specifies the criteria to be used to determine the lowest evaluated
bid, and the Bidders qualification requirements to perform the contract.
Section IV.
Bidding Forms
This Section includes the forms for the Bid Submission, Price Schedules, and Bid
Security to be submitted with the Bid.
Section V.
Eligible Countries
This Section contains information regarding eligible countries.
PART 2 SUPPLY REQUIREMENTS

Section VI.
Schedule of Requirements
This Section includes the List of Goods and Related Services, the Delivery and
Completion Schedules, the Technical Specifications and the Drawings that
describe the Goods and Related Services to be procured.
PART 3 CONTRACT
Section VII. General Conditions of Contract (GCC)
This Section includes the general clauses to be applied in all contracts. The text
of the clauses in this Section shall not be modified.
Section VIII.
Special Conditions of Contract (SCC)
Summary Description
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This Section includes clauses specific to each contract that modify or supplement
Section VII, General Conditions of Contract.
Section IX:
Contract Forms
This Section includes the form for the Agreement, which, once completed,
incorporates corrections or modifications to the accepted bid that are permitted
under the Instructions to Bidders, the General Conditions of Contract, and the
Special Conditions of Contract.
The forms for Performance Security and Advance Payment Security, when
required, shall only be completed by the successful Bidder after contract award.
Attachment: Invitation for Bids
An Invitation for Bids form is provided at the end of the Bidding Documents
for information.
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BIDDING DOCUMENTS
Issued on: ____________________
for
Procurement of
[insert identification of the Goods]
______________________________
______________________________
NCB No: [insert NCB number]
Project: [ insert name of Project]

Purchaser: [insert name of Purchaser]
Table of Contents
PART 1 Bidding Procedures...............................................................................................................1
Section I. Instructions to Bidders....................................................................................................2
Section II. Bidding Data Sheet (BDS)...........................................................................................18
Section III. Evaluation and Qualification Criteria.........................................................................22
Section IV. Bidding Forms............................................................................................................25
Section V. Eligible Countries.........................................................................................................37
PART 2 Supply Requirements..........................................................................................................38
Section VI. Schedule of Requirements..........................................................................................39
PART 3 - Contract...............................................................................................................................47
Section VII. General Conditions of Contract.................................................................................48
Section VIII. Special Conditions of Contract................................................................................62
Section IX. Contract Forms...........................................................................................................65
PART 1 Bidding Procedures
Section I. Instructions to Bidders

Table of Clauses
A.
General.............................................................................................................................4
1
Scope of Bid........................................................................................................................4
Source of Funds...................................................................................................................4
Fraud and Corruption..........................................................................................................4
Eligible Bidders...................................................................................................................5
Eligible Goods and Related Services...................................................................................6
B.
Contents of Bidding Documents.......................................................................................6

6
Sections of Bidding Documents..........................................................................................6
Clarification of Bidding Documents....................................................................................6
Amendment of Bidding Documents....................................................................................7
C.
Preparation of Bids...........................................................................................................7
9
Cost of Bidding...................................................................................................................7
10
Language of Bid..................................................................................................................7
11
Documents Comprising the Bid..........................................................................................7
12
Bid Submission Form and Price Schedules.........................................................................7
13
Alternative Bids..................................................................................................................8
14
Bid Prices and Discounts.....................................................................................................8
15
Documents Establishing the Eligibility of the Bidder..........................................................8
16
Documents Establishing the Conformity of the Goods and Related Services......................8
17
Documents Establishing the Qualifications of the Bidder...................................................9
18
Period of Validity of Bids....................................................................................................9
19
Bid Security.........................................................................................................................9
20
Format and Signing of Bid................................................................................................10
D.
Submission and Opening of Bids....................................................................................10

21
Submission, Sealing and Marking of Bids.........................................................................10
22
Deadline for Submission of Bids.......................................................................................11
23
Late Bids...........................................................................................................................11
24
Withdrawal, Substitution, and Modification of Bids.........................................................11
25
Bid Opening......................................................................................................................11
E.
Evaluation and Comparison of Bids................................................................................12

26
Confidentiality...................................................................................................................12
Section I Instructions to Bidders
27
Clarification of Bids..........................................................................................................12
28
Responsiveness of Bids.....................................................................................................12
29
Non conformities, Errors, and Omissions..........................................................................13
30
Preliminary Examination of Bids......................................................................................13
31
Examination of Terms and Conditions; Technical Evaluation...........................................13
32
Evaluation of Bids.............................................................................................................14
33
Comparison of Bids...........................................................................................................14
34
Post-qualification of the Bidder.........................................................................................14
35
Purchasers Right to Accept Any Bid, and to Reject Any or All Bids................................15
F.
Award of Contract...........................................................................................................15
36
Award Criteria...................................................................................................................15
37
Purchasers Right to Vary Quantities at Time of Award.....................................................15
38
Notification of Award........................................................................................................15
39
Signing of Contract...........................................................................................................15
40
Performance Security........................................................................................................15
Section I. Instructions to Bidders

A. General
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Scope of Bid
1.1
The Purchaser indicated in the Bidding Data Sheet (BDS), issues these Bidding Documents for the
supply of Goods and Related Services incidental thereto as specified in Section VI, Schedule of
Requirements. The name and identification number of this National Competitive Bidding (NCB)
procurement are specified in the BDS. The name, identification, and number of lots of are provided
in the BDS.
1.2
Throughout these Bidding Documents:

(a) the term in writing means communicated in written form (e.g. by mail, e-mail, fax, telex)
with proof of receipt;
(b) if the context so requires, singular means plural and vice versa; and
(c) day means calendar day.
Source of Funds
1.1.
The Borrower or Recipient (hereinafter called Borrower) specified in the BDS has applied for or
received financing (hereinafter called funds) from the International Bank for Reconstruction and
Development or the International Development Association (hereinafter called the Bank) toward
the cost of the project named in the BDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract for which these Bidding Documents are issued.
2.1
Payments by the Bank will be made only at the request of the Borrower and upon approval by the
Bank in accordance with the terms and conditions of the financing agreement between the
Borrower and the Bank (hereinafter called the Loan Agreement), and will be subject in all respects
to the terms and conditions of that Loan Agreement. The Loan Agreement prohibits a withdrawal
from the loan account for the purpose of any payment to persons or entities, or for any import of
goods, if such payment or import, to the knowledge of the Bank, is prohibited by decision of the
United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No
party other than the Borrower shall derive any rights from the Loan Agreement or have any claim
to the funds.
Fraud and Corruption
3.1
The Bank requires that Borrowers (including beneficiaries of Bank loans), as well as bidders,
suppliers, contractors, and consultants under Bank-financed contracts, observe the highest standard
of ethics during the procurement and execution of such contracts. In pursuit of this policy, the
Bank:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i)
corrupt practice means the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the action of a public official in
the procurement process or in contract execution;
(ii)
fraudulent practice means a misrepresentation or omission of facts in order to

influence a procurement process or the execution of a contract;
(iii)
collusive practice means a scheme or arrangement between two or more

bidders, with or without the knowledge of the Borrower, designed to establish
bid prices at artificial, noncompetitive levels; and
(iv)
3.2
coercive practice means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in the
procurement process or affect the execution of a contract;
(b) will reject a proposal for award if it determines that the Bidder recommended for award has,
directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices
in competing for the Contract in question;
(c) will sanction a firm or individual, including declaring them ineligible, either indefinitely or
for a stated period of time, to be awarded a Bank-financed contract if it at any time
determines that they have, directly or through an agent, engaged, in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a Bank-financed contract;
and
(d) will have the right to require that a provision be included in Bidding Documents and in
contracts financed by a Bank loan, requiring bidders, suppliers, contractors and consultants
to permit the Bank to inspect their accounts and records and other documents relating to the
Bid submission and contract performance and to have them audited by auditors appointed by
the Bank.
Furthermore, Bidders shall be aware of the provision stated in Sub-Clause 34.a (iii) of the General
Conditions of Contract.
Eligible Bidders
4.1
A Bidder, and all parties constituting the Bidder, may have the nationality of any country, subject
to the restrictions specified in Section V, Eligible Countries. A Bidder shall be deemed to have the
nationality of a country if the Bidder is a citizen or is constituted, incorporated, or registered and
operates in conformity with the provisions of the laws of that country. This criterion shall also
apply to the determination of the nationality of proposed subcontractors or suppliers for any part of
the Contract including Related Services.
4.2
A Bidder shall not have a conflict of interest. All bidders found to have conflict of interest shall be
disqualified. Bidders may be considered to have a conflict of interest with one or more parties in
this bidding process, if they:
(a) are or have been associated in the past, with a firm or any of its affiliates which have been
engaged by the Purchaser to provide consulting services for the preparation of the design,
specifications, and other documents to be used for the procurement of the goods to be
purchased under these Bidding Documents ; or
(b) submit more than one bid in this bidding process, except for alternative offers permitted
under ITB Clause 13. However, this does not limit the participation of subcontractors in
more than one bid;
A Bidder that is under a declaration of ineligibility by the Bank in accordance with ITB Clause 3,
at the date of contract award, shall be disqualified. The list of debarred firms is available at the
electronic address specified in the BDS. Similarly a Bidder that is under a declaration of
ineligibility, suspension or debarment by the Government of Iraq, Office of Government Public
Contract Policy at the time of contract award, shall be disqualified.
4.3
4.4
Government-owned enterprises of Iraq shall be eligible only if they can establish that they (i) are
legally and financially autonomous, (ii) operate under commercial law, and (iii) are not a
dependent agency of the Purchaser.
4.5
Bidders shall provide such evidence of their continued eligibility satisfactory to the Purchaser, as
the Purchaser shall reasonably request.
Eligible Goods and Related Services
5.1
All the Goods and Related Services to be supplied under the Contract and financed by the Bank
may have their origin in any country in accordance with Section V, Eligible Countries.
5.2
For purposes of this Clause, the term goods includes commodities, raw material, machinery,
equipment, and industrial plants; and related services includes services such as insurance,
installation, training, and initial maintenance.
5.3
The term origin means the country where the goods have been mined, grown, cultivated,
produced, manufactured or processed; or, through manufacture, processing, or assembly, another
commercially recognized article results that differs substantially in its basic characteristics from its
components.
B. Contents of Bidding Documents

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Sections of Bidding Documents
6.1
The Bidding Documents consist of Parts 1, 2, and 3, which include all the Sections indicated below,
and should be read in conjunction with any Addendum issued in accordance with ITB Clause 8.
PART 1 Bidding Procedures
Section I. Instructions to Bidders (ITB)
Section II. Bidding Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Section V. Eligible Countries
PART 2 Supply Requirements
Section VI. Schedule of Requirements
PART 3 Contract
Section VII. General Conditions of Contract (GCC)
Section VIII. Special Conditions of Contract (SCC)
Section IX. Contract Forms
6.2
The Invitation for Bids issued by the Purchaser is not part of the Bidding Documents.
6.3
The Purchaser is not responsible for the completeness of the Bidding Documents and their
addendum, if they were not obtained directly from the Purchaser.
6.4
The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding
Documents. Failure to furnish all information or documentation required by the Bidding
Documents may result in the rejection of the bid.
Clarification of Bidding Documents
7.1
A prospective Bidder requiring any clarification of the Bidding Documents shall contact the
Purchaser in writing at the Purchasers address specified in the BDS. The Purchaser will respond
in writing to any request for clarification, provided that such request is received no later than
twenty-one (21) days prior to the deadline for submission of bids. The Purchaser shall forward
copies of its response to all those who have acquired the Bidding Documents directly from it,
including a description of the inquiry but without identifying its source. Should the Purchaser
deem it necessary to amend the Bidding Documents as a result of a clarification, it shall do so
following the procedure under ITB Clause 8 and ITB Sub-Clause 22.2.
Amendment of Bidding Documents
8.1
At any time prior to the deadline for submission of bids, the Purchaser may amend the Bidding
Documents by issuing addendum.
8.2
Any addendum issued shall be part of the Bidding Documents and shall be communicated in
writing to all who have obtained the Bidding Documents directly from the Purchaser.
8.3
To give prospective Bidders reasonable time in which to take an addendum into account in
preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of
bids, pursuant to ITB Sub-Clause 22.2
C. Preparation of Bids
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Cost of Bidding
9.1
The Bidder shall bear all costs associated with the preparation and submission of its bid, and the
Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of
the bidding process.
10 Language of Bid
10.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder
and the Purchaser, shall be written in the language specified in the BDS. Supporting documents
and printed literature that are part of the Bid may be in another language provided they are
accompanied by an accurate translation of the relevant passages into the language specified in the
BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.
11 Documents Comprising the Bid

11.1 The Bid shall comprise the following:
(a) Bid Submission Form and the applicable Price Schedules, in accordance with ITB Clauses
12 and 14;
(b) Bid Security or Bid-Securing Declaration, in accordance with ITB Clause 19, if required;
(c) written confirmation authorizing the signatory of the Bid to commit the Bidder, in
accordance with ITB Clause 20;
(d) documentary evidence in accordance with ITB Clauses 16 and 27, that the Goods and
Related Services conform to the Bidding Documents;
(e) documentary evidence in accordance with ITB Clause 17 establishing the Bidders
qualifications to perform the contract if its bid is accepted; and
(f)
any other document specified in the BDS.
12 Bid Submission Form and Price Schedules

12.1 The Bidder shall submit the Bid Submission Form using the form furnished in Section IV, Bidding
Forms. This form must be completed without any alterations to its format, and no substitutes shall
be accepted. All blank spaces shall be filled in with the information requested.
12.2 The Bidder shall submit the Price Schedules for Goods and Related Services, according to their
origin as appropriate, using the forms furnished in Section IV, Bidding Forms
13 Alternative Bids
13.1 Unless otherwise specified in the BDS, alternative bids shall not be considered.
14 Bid Prices and Discounts

14.1 The prices and discounts quoted by the Bidder in the Bid Submission Form and in the Price
Schedules shall conform to the requirements specified below.
14.2 All lots and items must be listed and priced separately in the Price Schedules. If a Price Schedule
shows items listed but not priced, their prices shall be assumed to be included in the prices of other
items. Lots or items not listed in the Price Schedule shall be assumed to be not included in the bid,
and provided that the bid is substantially responsive, the corresponding adjustment, as appropriate,
shall be applied in accordance with ITB Clause 29.
14.3 The price to be quoted in the Bid Submission Form shall be the total price of the bid, excluding
any discounts offered.
14.4 The Bidder shall quote any unconditional discounts and indicate the method for their application in
the Bid Submission Form.
14.5 Prices shall be quoted in Iraqi Dinars, inclusive of all taxes and duties (Delivered Duties Paid).
14.6 Prices quoted by the Bidder shall be fixed during the Bidders performance of the Contract and not
subject to variation on any account.
14.7 If so indicated in ITB Sub-Clause 1.1, bids are being invited for individual contracts (lots) or for
any combination of contracts (packages). Unless otherwise indicated in the BDS, prices quoted
shall correspond to 100 % of the items specified for each lot and to 100% of the quantities
specified for each item of a lot. Bidders wishing to offer any price reduction (discount) for the
award of more than one Contract shall specify the applicable price reduction in accordance with
ITB Sub-Clause 14.4 provided the bids for all lots are submitted and opened at the same time.
15 Documents Establishing the Eligibility of the Bidder

15.1 To establish their eligibility in accordance with ITB Clause 4, Bidders shall complete the Bid
Submission Form, included in Section IV, Bidding Forms.
16 Documents Establishing the Conformity of the Goods and

Related Services
16.1 To establish the conformity of the Goods and Related Services to the Bidding Documents, the
Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the
technical specifications and standards specified in Section VI, Schedule of Requirements.
16.2 The documentary evidence may be in the form of literature, drawings or data, and shall consist of a
detailed item by item description of the essential technical and performance characteristics of the
Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related
Services to the technical specification, and if applicable, a statement of deviations and exceptions
to the provisions of the Schedule of Requirements.
16.3 The Bidder shall also furnish a list giving full particulars, including available sources and current
prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the
Goods during the period specified in the BDS following commencement of the use of the goods
by the Purchaser.
16.4 Standards for workmanship, process, material, and equipment, as well as references to brand
names or catalogue numbers specified by the Purchaser in the Schedule of Requirements, are
intended to be descriptive only and not restrictive. The Bidder may offer other standards of
quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Purchasers
satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified
in the Schedule of Requirements.
17 Documents Establishing the Qualifications of the Bidder

17.1 The documentary evidence of the Bidders qualifications to perform the contract if its bid is
accepted shall establish to the Purchasers satisfaction:
(a) that, if required in the BDS, in case of a Bidder not doing business within the Iraq, the
Bidder is or will be (if awarded the contract) represented by an Agent in the country
equipped and able to carry out the Suppliers maintenance, repair and spare parts-stocking
obligations prescribed in the Conditions of Contract and/or Technical Specifications; and
(b) that the Bidder meets each of the qualification criterion specified in Section III, Evaluation
and Qualification Criteria.
18 Period of Validity of Bids

18.1 Bids shall remain valid for the period specified in the BDS after the bid submission deadline date
prescribed by the Purchaser. A bid valid for a shorter period shall be rejected by the Purchaser as
non responsive.
18.2 In exceptional circumstances, prior to the expiration of the bid validity period, the Purchaser may
request bidders to extend the period of validity of their bids. The request and the responses shall be
made in writing. If a Bid Security is requested in accordance with ITB Clause 19, it shall also be
extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid
Security.
19 Bid Security
19.1 The Bidder shall furnish as part of its bid, a Bid Security or a Bid-Securing Declaration, if
required, as specified in the BDS.
19.2 The Bid Security shall be in the amount specified in the BDS and denominated in the currency of
the Iraq or a freely convertible currency, and shall:
(a) at the bidders option, be in the form of either a letter of credit, or a bank guarantee from a
banking institution, or a bond issued by a surety;
(b) be issued by a reputable institution selected by the bidder. If the institution issuing the bond
is located outside Iraq, it shall have a correspondent financial institution located in Iraq to
make it enforceable.
(c) be substantially in accordance with one of the forms of Bid Security included in Section IV,
Bidding Forms, or other form approved by the Purchaser prior to bid submission;
(d) be payable promptly upon written demand by the Purchaser in case the conditions listed in
ITB Clause 19.5 are invoked;
(e) be submitted in its original form; copies will not be accepted;
(f)
remain valid for a period of 28 days beyond the validity period of the bids, as extended, if
applicable, in accordance with ITB Clause 18.2.
19.3 If a Bid Security or a Bid- Securing Declaration is required in accordance with ITB Sub-Clause
19.1, any bid not accompanied by a substantially responsive Bid Security or Bid Securing
Declaration in accordance with ITB Sub-Clause 19.1, shall be rejected by the Purchaser as nonresponsive.
19.4 The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the
successful Bidders furnishing of the Performance Security pursuant to ITB Clause 40.
19.5 The Bid Security may be forfeited or the Bid Securing Declaration executed:
(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the
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(b)
Bid Submission Form, except as provided in ITB Sub-Clause 18.2; or

if the successful Bidder fails to:
(i)
sign the Contract in accordance with ITB Clause 39;
(ii)
furnish a Performance Security in accordance with ITB Clause 40.
19.6 The Bid Security or Bid- Securing Declaration of a JV must be in the name of the JV that submits
the bid. If the JV has not been legally constituted at the time of bidding, the Bid Security or BidSecuring Declaration shall be in the names of all future partners as named in the letter of intent
mentioned.
20 Format and Signing of Bid

20.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB
Clause 11 and clearly mark it ORIGINAL. In addition, the Bidder shall submit copies of the bid,
in the number specified in the BDS and clearly mark them COPY. In the event of any
discrepancy between the original and the copies, the original shall prevail.
20.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed
by a person duly authorized to sign on behalf of the Bidder.
20.3 Any interlineation, erasures, or overwriting shall be valid only if they are signed or initialed by the
person signing the Bid.
D. Submission and Opening of Bids

21 Submission, Sealing and Marking of Bids
21.1 Bidders may always submit their bids by mail or by hand. When so specified in the BDS, bidders
shall have the option of submitting their bids electronically.
(a) Bidders submitting bids by mail or by hand, shall enclose the original and each copy of the
Bid, including alternative bids, if permitted in accordance with ITB Clause 13, in separate
sealed envelopes, duly marking the envelopes as ORIGINAL and COPY. These
envelopes containing the original and the copies shall then be enclosed in one single
envelope. The rest of the procedure shall be in accordance with ITB sub-Clauses 20.2 and
20.3.
(b) Bidders submitting bids electronically shall follow the electronic bid submission procedures
specified in the BDS.
21.2 The inner and outer envelopes shall:
(a) Bear the name and address of the Bidder;
(b) be addressed to the Purchaser in accordance with ITB Sub-Clause 22.1;
(c) bear the specific identification of this bidding process indicated in ITB Sub-Clause 1.1 and
any additional identification marks as specified in the BDS; and
(d) bear a warning not to open before the time and date for bid opening, in accordance with ITB
Sub-Clause 25.1.
21.3 If all envelopes are not sealed and marked as required, the Purchaser will assume no responsibility
for the misplacement or premature opening of the bid.
22 Deadline for Submission of Bids

22.1 Bids must be received by the Purchaser at the address and no later than the date and time specified
in the BDS.
22.2 The Purchaser may, at its discretion, extend the deadline for the submission of bids by amending
the Bidding Documents in accordance with ITB Clause 8, in which case all rights and obligations
11
of the Purchaser and Bidders previously subject to the deadline shall thereafter be subject to the
deadline as extended.
23 Late Bids
23.1 The Purchaser shall not consider any bid that arrives after the deadline for submission of bids, in
accordance with ITB Clause 22. Any bid received by the Purchaser after the deadline for
submission of bids shall be declared late, rejected, and returned unopened to the Bidder.
24 Withdrawal, Substitution, and Modification of Bids

24.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a
written notice in accordance with ITB Clause 10, duly signed by an authorized representative, and
shall include a copy of the authorization in accordance with ITB Sub-Clause 20.2, (except that no
copies of the withdrawal notice are required). The corresponding substitution or modification of
the bid must accompany the respective written notice. All notices must be:
(a) submitted in accordance with ITB Clauses 20 and 21 (except that withdrawal notices do not
require copies), and in addition, the respective envelopes shall be clearly marked
Withdrawal, Substitution, or Modification; and
(b) received by the Purchaser prior to the deadline prescribed for submission of bids, in
accordance with ITB Clause 22.
24.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 24.1 shall be returned
unopened to the Bidders.
24.3 No bid may be withdrawn, substituted, or modified in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by the Bidder on the
Bid Submission Form or any extension thereof.
25 Bid Opening
25.1 The Purchaser shall conduct the bid opening in public at the address, date and time specified in the
BDS. Any specific electronic bid opening procedures required if electronic bidding is permitted in
accordance with ITB Sub-clause 21.1, shall be as specified in the BDS.
25.2 First, envelopes marked WITHDRAWAL shall be opened and read out and the envelope with the
corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall be
permitted unless the corresponding withdrawal notice contains a valid authorization to request the
withdrawal and is read out at bid opening. Next, envelopes marked SUBSTITUTION shall be
opened and read out and exchanged with the corresponding Bid being substituted, and the
substituted Bid shall not be opened, but returned to the Bidder. No Bid substitution shall be
permitted unless the corresponding substitution notice contains a valid authorization to request the
substitution and is read out at bid opening. Envelopes marked MODIFICATION shall be opened
and read out with the corresponding Bid. No Bid modification shall be permitted unless the
corresponding modification notice contains a valid authorization to request the modification and is
read out at Bid opening. Only envelopes that are opened and read out at Bid opening shall be
considered further.
25.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and whether
there is a modification; the Bid Prices, including any discounts and alternative offers; the presence
of a Bid Security or Bid-Securing Declaration, if required; and any other details as the Purchaser
may consider appropriate. Only discounts and alternative offers read out at Bid opening shall be
considered for evaluation. No Bid shall be rejected at Bid opening except for late bids, in
accordance with ITB Sub-Clause 23.1.
25.4 The Purchaser shall prepare a record of the Bid opening that shall include, as a minimum: the name
12
of the Bidder and whether there is a withdrawal, substitution, or modification; the Bid Price, per lot
if applicable, including any discounts, and alternative offers if they were permitted; and the
presence or absence of a Bid Security or Bid-Securing Declaration, if one was required. The
Bidders representatives who are present shall be requested to sign the attendance sheet. A copy of
the record shall be distributed to all Bidders who submitted bids in time, and posted online when
electronic bidding is permitted.
E. Evaluation and Comparison of Bids

26 Confidentiality
26.1 Information relating to the examination, evaluation, comparison, and post-qualification of bids, and
recommendation of contract award, shall not be disclosed to bidders or any other persons not
officially concerned with such process until publication of the Contract Award.
26.2 Any effort by a Bidder to influence the Purchaser in the examination, evaluation, comparison, and
post-qualification of the bids or contract award decisions may result in the rejection of its Bid.
26.3 Notwithstanding ITB Sub-Clause 26.2, from the time of bid opening to the time of Contract Award,
if any Bidder wishes to contact the Purchaser on any matter related to the bidding process, it
should do so in writing.
27 Clarification of Bids
27.1 To assist in the examination, evaluation, comparison and post-qualification of the bids, the
Purchaser may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification
submitted by a Bidder in respect to its Bid and that is not in response to a request by the Purchaser
shall not be considered. The Purchasers request for clarification and the response shall be in
writing. No change in the prices or substance of the Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered by the Purchaser in the Evaluation
of the bids, in accordance with ITB Clause 29.
28 Responsiveness of Bids
28.1 The Purchasers determination of a bids responsiveness is to be based on the contents of the bid
itself.
28.2 A substantially responsive Bid is one that conforms to all the terms, conditions, and specifications
of the Bidding Documents without material deviation, reservation, or omission. A material
deviation, reservation, or omission is one that:
(a) affects in any substantial way the scope, quality, or performance of the Goods and Related
Services specified in the Contract; or
(b) limits in any substantial way, inconsistent with the Bidding Documents, the Purchasers
rights or the Bidders obligations under the Contract; or
(c) if rectified would unfairly affect the competitive position of other bidders presenting
substantially responsive bids.
28.3 If a bid is not substantially responsive to the Bidding Documents, it shall be rejected by the
Purchaser and may not subsequently be made responsive by the Bidder by correction of the
material deviation, reservation, or omission.
29 Non conformities, Errors, and Omissions

29.1 Provided that a Bid is substantially responsive, the Purchaser may waive any non-conformities or
omissions in the Bid that do not constitute a material deviation.
29.2 Provided that a bid is substantially responsive, the Purchaser may request that the Bidder submit
13
the necessary information or documentation, within a reasonable period of time, to rectify

nonmaterial nonconformities or omissions in the bid related to documentation requirements. Such
omission shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply
with the request may result in the rejection of its Bid.
29.3 Provided that the Bid is substantially responsive, the Purchaser shall correct arithmetical errors on
the following basis:
(a) if there is a discrepancy between the unit price and the line item total that is obtained by
multiplying the unit price by the quantity, the unit price shall prevail and the line item total
shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement
of the decimal point in the unit price, in which case the line item total as quoted shall
govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
29.4 If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its
Bid shall be disqualified and its Bid Security may be forfeited or its Bid-Securing Declaration
executed.
30 Preliminary Examination of Bids

30.1 The Purchaser shall examine the bids to confirm that all documents and technical documentation
requested in ITB Clause 11 have been provided, and to determine the completeness of each
document submitted.
30.2 The Purchaser shall confirm that the following documents and information have been provided in
the Bid. If any of these documents or information is missing, the offer shall be rejected.
(a) Bid Submission Form, in accordance with ITB Sub-Clause 12.1;
(b) Price Schedules, in accordance with ITB Sub-Clause 12.2;
(c) Bid Security or Bid Securing Declaration, in accordance with ITB Clause 19 if applicable.
31 Examination of Terms and Conditions; Technical Evaluation

31.1 The Purchaser shall examine the Bid to confirm that all terms and conditions specified in the GCC
and the SCC have been accepted by the Bidder without any material deviation or reservation.
31.2 The Purchaser shall evaluate the technical aspects of the Bid submitted in accordance with ITB
Clause 16, to confirm that all requirements specified in Section VI, Schedule of Requirements of
the Bidding Documents have been met without any material deviation or reservation.
31.3 If, after the examination of the terms and conditions and the technical evaluation, the Purchaser
determines that the Bid is not substantially responsive in accordance with ITB Clause 28, it shall
reject the Bid.
32 Evaluation of Bids
32.1 The Purchaser shall evaluate each bid that has been determined, up to this stage of the evaluation,
to be substantially responsive.
32.2 To evaluate a Bid, the Purchaser shall only use all the factors, methodologies and criteria defined
in ITB Clause 32. No other criteria or methodology shall be permitted.
14
32.3 To evaluate a Bid, the Purchaser shall consider the following:

(a) the Bid Price as quoted in accordance with clause 14;
(b) price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 29.3;
(c) price adjustment due to discounts offered in accordance with ITB Sub-Clause 14.4;
(d) adjustments due to the application of the evaluation criteria specified in the BDS from
amongst those set out in Section III, Evaluation and Qualification Criteria;
32.4 The Purchasers evaluation of a bid may require the consideration of other factors, in addition to
the Bid Price quoted in accordance with ITB Clause 14. These factors may be related to the
characteristics, performance, and terms and conditions of purchase of the Goods and Related
Services. The effect of the factors selected, if any, shall be expressed in monetary terms to
facilitate comparison of bids, unless otherwise specified in Section III, Evaluation and
Qualification Criteria. The factors, methodologies and criteria to be used shall be as specified in
ITB Sub-Clause 32.3 (d).
32.5 If so specified in the BDS, these Bidding Documents shall allow Bidders to quote separate prices
for one or more lots, and shall allow the Purchaser to award one or multiple lots to more than one
Bidder. The methodology of evaluation to determine the lowest-evaluated lot combinations, is
specified in Section III, Evaluation and Qualification Criteria.
33 Comparison of Bids
33.1 The Purchaser shall compare all substantially responsive bids to determine the lowest-evaluated
bid, in accordance with ITB Clause 32.
34 Post-qualification of the Bidder

34.1 The Purchaser shall determine to its satisfaction whether the Bidder that is selected as having
submitted the lowest evaluated and substantially responsive bid is qualified to perform the
Contract satisfactorily.
34.2 The determination shall be based upon an examination of the documentary evidence of the
Bidders qualifications submitted by the Bidder, pursuant to ITB Clause 17.
34.3 An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. A
negative determination shall result in disqualification of the bid, in which event the Purchaser shall
proceed to the next lowest evaluated bid to make a similar determination of that Bidders
capabilities to perform satisfactorily.
35 Purchasers Right to Accept Any Bid, and to Reject Any or All

Bids
35.1 The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and
reject all bids at any time prior to contract award, without thereby incurring any liability to
Bidders.
F. Award of Contract
36 Award Criteria
36.1 The Purchaser shall award the Contract to the Bidder whose offer has been determined to be the
lowest evaluated bid and is substantially responsive to the Bidding Documents, provided further
that the Bidder is determined to be qualified to perform the Contract satisfactorily.
37 Purchasers Right to Vary Quantities at Time of Award

37.1 At the time the Contract is awarded, the Purchaser reserves the right to increase or decrease the
15
quantity of Goods and Related Services originally specified in Section VI, Schedule of
Requirements, provided this does not exceed the percentages specified in the BDS, and without
any change in the unit prices or other terms and conditions of the bid and the Bidding Documents.
38 Notification of Award
38.1 Prior to the expiration of the period of bid validity, the Purchaser shall notify the successful Bidder,
in writing, that its Bid has been accepted.
38.2 Until a formal Contract is prepared and executed, the notification of award shall constitute a
binding Contract.
38.3 Upon the successful Bidders furnishing of the signed Contract Form and performance security
pursuant to ITB Clause 40, the Purchaser will promptly notify each unsuccessful Bidder and will
discharge its bid security, pursuant to ITB Clause 19.4.
39 Signing of Contract
39.1 Promptly after notification, the Purchaser shall send the successful Bidder the Agreement and the
Special Conditions of Contract.
39.2 Within twenty-eight (28) days of receipt of the Agreement, the successful Bidder shall sign, date,
and return it to the Purchaser.
40 Performance Security
40.1 Within twenty eight (28) days of the receipt of notification of award from the Purchaser, the
successful Bidder, if required, shall furnish the Performance Security in accordance with the GCC,
using for that purpose the Performance Security Form included in Section IX Contract forms, or
another Form acceptable to the Purchaser. The Purchaser shall promptly notify the name of the
winning Bidder to each unsuccessful Bidder and discharge the Bid Securities of the unsuccessful
bidders pursuant to ITB Sub-Clause 19.4.
40.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the
Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid
Security or execution of the Bid-Securing Declaration. In that event the Purchaser may award the
Contract to the next lowest evaluated Bidder, whose offer is substantially responsive and is
determined by the Purchaser to be qualified to perform the Contract satisfactorily.
16
Section II. Bidding Data Sheet (BDS)

The following specific data for the goods to be procured shall complement, supplement, or
amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the
provisions herein shall prevail over those in ITB.
[Instructions for completing the Bid Data Sheet are provided, as needed, in the notes in italics
mentioned for the relevant ITB Clauses.]
ITB Clause
Reference
A. General
ITB 1.1
The Purchaser is: [insert complete name]
ITB 1.1
The name and identification number of the NCB are: [insert name and
identification number]
The number, identification and names of the lots comprising this NCB are:
[insert number; list the lots and related Goods]
ITB 2.1
The Borrower is: [insert the name of Borrower, as indicated in the Loan
Agreement of the Project]
ITB 2.1
The name of the Project is: [insert the name of the Project]
ITB 4.3
A list of firms debarred from participating in World Bank projects is available

at http://www.worldbank.org/debarr
A list of firms suspended or disqualified from participating in Government of
Iraq public procurement is available from the Office of Government Public
Contracts Policy of the Ministry of Planning.
B. Contents of Bidding Documents

ITB 7.1
For Clarification of bid purposes only, the Purchasers address is:

Attention: [insert name and room number of Project Officer]Address: [insert
street name and number]
[insert floor and room number, if applicable]
City: [insert name of city or town]
Post Code: [insert postal code, if applicable]
Section II Bid Data Sheet
17
Country: [insert name of country]]

Telephone: [insert telephone number including country and city codes]
Facsimile number: [insert fax number including country and city codes]
Electronic mail address: [insert e-mail address of Project Officer]
C. Preparation of Bids
ITB 10.1
The language of the bid is: Arabic[or insert English or alternative].
ITB 11.1 (f)
The Bidder shall submit the following additional documents in its bid:
[insert list of documents, if any]
ITB 13.1
Alternative Bids [insert shall be or shall not be] considered.

[If alternatives shall be considered, insert:
A bidder may submit an alternative bid only with a bid for the base case.
The Purchaser shall only consider the alternative bids offered by the Bidder
whose bid for the base case was determined to be the lowest-evaluated bid.
or
A bidder may submit an alternative bid with or without a bid for the base
case. The Purchaser shall consider bids offered for alternatives as specified in
the Technical Specifications of Section VI, Schedule of Requirements All bids
received, for the base case, as well as alternative bids meeting the specified
requirements, shall be evaluated on their own merits in accordance with the
same procedures, as specified in the ITB 36.]
ITB 14.7
Prices quoted for each lot shall correspond at least to [insert figure] % of the
items specified for each lot.
Prices quoted for each item of a lot shall correspond at least to [insert figure]
percent of the quantities specified for this item of a lot.
ITB 16.3
ITB 17.1 (a)
Period of time the Goods are expected to be functioning (for the purpose of
spare parts): [insert duration ]
After sales service is: [insert required or not required]
ITB 18.1
The bid validity period shall be [insert number] days.
ITB 19.1
[insert one of the following options:
18
(a)
No Bid Security is required; or
(b)
Bid shall include a Bid Security (issued by bank or surety)

included in Section IV Bidding Forms; or
(c)
Bid shall include Bid Securing Declaration using the form

included in Section IV Bidding Forms. ]
ITB 19.2
The amount of the Bid Security shall be: [insert amount]
ITB 20.1
In addition to the original of the bid, the number of copies is: [insert number]
D. Submission and Opening of Bids

ITB 21.1
Bidders [insert shall or shall not] have the option of submitting their
bids electronically.
ITB 21.1 (b)
If bidders shall have the option of submitting their bids electronically, the
electronic bidding submission procedures shall be: [insert a description of the
electronic bidding submission procedures]
ITB 21.2 (c)
The inner and outer envelopes shall bear the following additional
identification marks: [insert the name and/or number that must appear on the
bid envelope to identify this specific bidding process].
ITB 22.1
For bid submission purposes, the Purchasers address is:

Attention: [insert full name of person, if applicable, or insert name of the
Project Officer]
Address: [insert street name and number]
Floor-Room number: [insert floor and room number, if applicable] [important
to avoid delays or misplacement of bids]
Post Code: [insert postal code, if applicable]
Country: [insert name of country]
The deadline for the submission of bids is:
Date: [insert day, month, and year, i.e. 15 June, 2001]
Time: [insert time, and identify if a.m. or p.m., i.e. 10:30 a.m.]
ITB 25.1
19
The bid opening shall take place at:

Street Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
Date: [insert day, month, and year, i.e. 15 June, 2001]
Time: [insert time, and identify if a.m. or p.m. i.e. 10:30 a.m.]
ITB 25.1
If electronic bid submission is permitted in accordance with ITB sub-clause

23.1, the specific bid opening procedures shall be: [insert description of the
procedures]
E. Evaluation and Comparison of Bids

ITB 32.3(d)
The adjustments shall be determined using the following criteria, from

amongst those set out in Section III, Evaluation and Qualification Criteria:
[refer to Schedule III, Evaluation and Qualification Criteria; insert
complementary details if necessary]
(a)
Deviation in Delivery schedule: [insert Yes or No. If yes insert

the adjustment factor]
(b)
the cost of major replacement components, mandatory spare parts, and

service: [insert Yes or No. If yes, insert the Methodology and criteria]
(c)
the performance and productivity of the equipment offered;

[Insert Yes or No. If yes, insert the Methodology and criteria]
(d)
ITB 32.5
[insert any other specific criteria]
Bidders [insert shall or shall not] be allowed to quote

separate prices for one or more lots. [refer to Section III
Evaluation and Qualification Criteria, for the evaluation methodology, if
appropriate]
F. Award of Contract
ITB 37.1
The maximum percentage by which quantities may be increased is: [insert

percentage]
The maximum percentage by which quantities may be decreased is: [insert
percentage]
20
21
Section III. Evaluation and Qualification

Criteria
This Section complements the Instructions to Bidders. It contains the criteria that the Purchaser
may use to evaluate a bid and determine whether a Bidder has the required qualifications. No
other criteria shall be used.
[The Purchaser shall select the criteria deemed appropriate for the procurement process,
insert the appropriate wording using the samples below or other acceptable wording, and
delete the text in italics]
Contents
1.
Evaluation Criteria
2.
Multiple Contracts
3.
Post-qualification Requirements
22
Section III. Evaluation and Qualification Criteria
1. Evaluation Criteria (ITB 32.3 (d))

The Purchasers evaluation of a bid may take into account, in addition to the Bid Price
quoted in accordance with ITB Clause 14.6, one or more of the following factors as specified in
ITB Sub-Clause 32.3(d) and in BDS referring to ITB 32.3(d), using the following criteria and
methodologies.
(a)
Delivery schedule.
The Goods specified in the List of Goods are required to be delivered within the
acceptable time range (after the earliest and before the final date, both dates
inclusive) specified in Section VI, Delivery Schedule. No credit will be given to
deliveries before the earliest date, and bids offering delivery after the final date shall
be treated as non responsive. Within this acceptable period, an adjustment, as
specified in BDS Sub-Clause 32.3(d), will be added, for evaluation purposes only, to
the bid price of bids offering deliveries later than the Earliest Delivery Date
specified in Section VI , Delivery Schedule.
(b)
Cost of major replacement components, mandatory spare parts, and service. [insert
one of the following]
The list of items and quantities of major assemblies, components, and selected spare
parts, likely to be required during the initial period of operation specified in the BDS
Sub-Clause 16.3, is in the List of Goods. An adjustment equal to the total cost of these
items, at the unit prices quoted in each bid, shall be added to the bid price, for
evaluation purposes only.
(c)
Performance and productivity of the equipment. [insert one of the following]

(i)
Performance and productivity of the equipment. An adjustment representing the

capitalized cost of additional operating costs over the life of the plant will be
added to the bid price, for evaluation purposes if specified in the BDS SubClause 32.3(d). The adjustment will be evaluated based on the drop in the
guaranteed performance or efficiency offered in the bid below the norm of 100,
using the methodology specified in BDS Sub-Clause 32.3(d).
or
(ii)
An adjustment to take into account the productivity of the goods offered in the
bid will be added to the bid price, for evaluation purposes only, if specified in
BDS Sub-Clause 32.3(d). The adjustment will be evaluated based on the cost
per unit of the actual productivity of goods offered in the bid with respect to
minimum required values, using the methodology specified in BDS Sub-Clause
32.3(d).
Section III. Evaluation Criteria
(g)
23
Specific additional criteria

Other specific additional criteria to be considered in the evaluation, and the
evaluation method shall be detailed in BDS Sub-Clause 32.3(d) ]
2. Multiple Contracts (ITB 32.5)

The Purchaser shall award multiple contracts to the Bidder that offers the lowest evaluated
combination of bids (one contract per bid) and meets the post-qualification criteria (this Section
III, Sub-Section ITB 34.2 Post-Qualification Requirements)
The Purchaser shall:
(a)
evaluate only lots or contracts that include at least the percentages of items per lot and
quantity per item as specified in ITB Sub Clause 14.7
(b)
take into account:

(i)
the lowest-evaluated bid for each lot and
(ii)
the price reduction per lot and the methodology for its application as offered by
the Bidder in its bid.
3. Post-qualification Requirements (ITB 34.2)

After determining the lowest-evaluated bid in accordance with ITB Sub-Clause 33.1, the
Purchaser shall carry out the post-qualification of the Bidder in accordance with ITB Clause 34,
using only the requirements specified. Requirements not included in the text below shall not be
used in the evaluation of the Bidders qualifications.
(a)
Financial Capability
The Bidder shall furnish documentary evidence that it meets the following financial
requirement(s): [list the requirement(s)]
(b)
Experience and Technical Capacity

The Bidder shall furnish documentary evidence to demonstrate that it meets the
following experience requirement(s): [list the requirement(s)]
(c)
The Bidder shall furnish documentary evidence to demonstrate that the Goods it
offers meet the following usage requirement: [list the requirement(s)]
24

Table of Forms
Bidder Information Form....................................................................................................................24
Joint Venture Partner Information Form..............................................................................................25
Bid Submission Form..........................................................................................................................26
Price Schedule: Goods........................................................................................................................29
Price and Completion Schedule - Related Services.............................................................................30
Bid Security (Bank Guarantee)...........................................................................................................31
Bid Security (Bid Bond)......................................................................................................................32
Bid-Securing Declaration....................................................................................................................34
Section IV Bidding Forms
25
Bidder Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted.]
Date: [insert date (as day, month and year) of Bid Submission]
NCB No.: [insert number of bidding process]
Page ________ of_ ______ pages
1. Bidders Legal Name [insert Bidders legal name]
2. In case of JV, legal name of each party: [insert legal name of each party in JV]
3. Bidders actual or intended Country of Registration: [insert actual or intended Country of
Registration]
4. Bidders Year of Registration: [insert Bidders year of registration]
5. Bidders Legal Address in Country of Registration: [insert Bidders legal address in country of
registration]
6. Bidders Authorized Representative Information
Name: [insert Authorized Representatives name]
Address: [insert Authorized Representatives Address]
Telephone/Fax numbers: [insert Authorized Representatives telephone/fax numbers]
Email Address: [insert Authorized Representatives email address]
7. Attached are copies of original documents of: [check the box(es) of the attached original
documents]
Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB

Sub-Clauses 4.1 and 4.2.
In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB Sub-Clause
4.1.
In case of government owned entity from Iraq, documents establishing legal and financial
autonomy and compliance with commercial law, in accordance with ITB Sub-Clause 4.5.
26
Joint Venture Partner Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below].
NCB No: [insert number of bidding process]
Page ________ of_ ______ pages
1. Bidders Legal Name: [insert Bidders legal name]
2. JVs Party legal name: [insert JVs Party legal name]
3. JVs Party Country of Registration: [insert JVs Party country of registration]
4. JVs Party Year of Registration: [insert JVs Part year of registration]
5. JVs Party Legal Address in Country of Registration: [insert JVs Party legal address in
country of registration]
6. JVs Party Authorized Representative Information
Name: [insert name of JVs Party authorized representative]
Address: [insert address of JVs Party authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of JVs Party authorized representative]
Email Address: [insert email address of JVs Party authorized representative]
7. Attached are copies of original documents of: [check the box(es) of the attached original
documents]
Articles of Incorporation or Registration of firm named in 2, above, in accordance with ITB

Sub-Clauses 4.1 and 4.2.
In case of government owned entity from Iraq, documents establishing legal and financial
autonomy and compliance with commercial law, in accordance with ITB Sub-Clause 4.5.
27
Bid Submission Form

[The Bidder shall fill in this Form in accordance with the instructions indicated No alterations
to its format shall be permitted and no substitutions shall be accepted.]
Invitation for Bid No.: [insert No of IFB]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Purchaser]
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda
No.: [insert the number and issuing date of each Addenda];
(b) We offer to supply in conformity with the Bidding Documents and in accordance with the
Delivery Schedules specified in the Schedule of Requirements the following Goods and
Related Services [insert a brief description of the Goods and Related Services];
(c) The total price of our Bid, excluding any discounts offered in item (d) below, is: [insert the
total bid price in words and figures];
(d) The discounts offered and the methodology for their application are:
Discounts. If our bid is accepted, the following discounts shall apply. [Specify in detail
each discount offered and the specific item of the Schedule of Requirements to which it
applies.]
Methodology of Application of the Discounts. The discounts shall be applied using the
following method: [Specify in detail the method that shall be used to apply the discounts];
(e) Our bid shall be valid for the period of time specified in ITB Sub-Clause 18.1, from the date
fixed for the bid submission deadline in accordance with ITB Sub-Clause 22.1, and it shall
remain binding upon us and may be accepted at any time before the expiration of that
period;
(f) If our bid is accepted, we commit to obtain a performance security in accordance with ITB
Clause 40 and GCC Clause 16 for the due performance of the Contract;
(g) We have no conflict of interest in accordance with ITB Sub-Clause 4.2;
(h) Our firm, its affiliates or subsidiariesincluding any subcontractors or suppliers for any part
of the contracthas not been declared ineligible by the Bank, under Iraq laws or official
regulations, in accordance with ITB Sub-Clause 4.3;
28
(i) The following commissions, gratuities, or fees have been paid or are to be paid with respect
to the bidding process or execution of the Contract: [insert complete name of each
Recipient, its full address, the reason for which each commission or gratuity was paid and
the amount and currency of each such commission or gratuity]
Name of Recipient
Address
Reason
Amount
(If none has been paid or is to be paid, indicate none.)

(j) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract
is prepared and executed.
(k) We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
Signed: [insert signature of person whose name and capacity are shown]
In the capacity of [insert legal capacity of person signing the Bid Submission Form]
Name: [insert complete name of person signing the Bid Submission Form]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
29
Price Schedule Forms

[The Bidder shall fill in these Price Schedule Forms in accordance with the instructions
indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List
of Goods and Related Services specified by the Purchaser in the Schedule of Requirements.]
30
Price Schedule: Goods

Date:_____________________
NCB No: ________________
Alternative No: ____________
Page N ______ of ______
1
Line Item
N
2
Description of Goods
3
Delivery Date
4
Quantity and
physical unit
5
Unit price DDP
6
Total price per line
item
(Col. 4 5)
[insert
number of
the item]
[insert name of Good]
[insert quoted
Delivery Date]
[insert number of units to

be supplied and name of
the physical unit]
[insert unit price]
[insert total price per line

item]
Total Price: Goods
7
Country of Origin
31
Price and Completion Schedule - Related Services
1
Service
N
2
Description of Services
3
Country of
Origin
4
Delivery Date at
place of Final
destination
[insert
number of
the
Service ]
[insert name of Services]
[insert country
of origin of the
Services]
[insert delivery date at

place of final
destination per Service]
5
Quantity and physical unit
[insert number of units to be supplied and

name of the physical unit]
Date:_________________________
NCB No: _____________________
Alternative No: ________________
Page N ______ of ______
6
7
Unit price
Total Price per
Service
(Col. 5 x 6 or
estimate)
[insert unit price per
item]
Total Price: Related Services

Name of Bidder: [insert complete name of Bidder].
Date: [insert date]
Signature of Bidder: [signature of person signing the Bid]
[insert total price per

item]
32
Bid Security (Bank Guarantee)

[The Bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]
[insert Banks Name, and Address of Issuing Branch or Office]
Beneficiary: [insert name and address of Purchaser]
Date: [insert date]
BID GUARANTEE No.:
[insert bid Guarantee number]
We have been informed that [insert name of the Bidder] (hereinafter called "the Bidder") has
submitted to you its bid dated [insert date] (hereinafter called "the Bid") for the execution of
[insert name of Contract].
Furthermore, we understand that, according to your conditions, bids must be supported by a Bid
Guarantee.
At the request of the Bidder, we [insert name of Bank] hereby irrevocably undertake to pay you
any sum or sums not exceeding in total an amount of [insert amount in figures expressed in Iraqi
Dinars], [insert amount in words] upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under
the bid conditions, because the Bidder:
(a)
has withdrawn its Bid during the period of bid validity specified by the Bidder in the Bid
Submission Form; or
(b)
having been notified of the acceptance of its Bid by the Purchaser during the period of bid
validity as stated in the Bid Submission Form or extended by the Employer at any time
prior to expiration of this period, (i) fails or refuses to execute the Contract, if required, or
(ii) fails or refuses to furnish the Performance Security, in accordance with the ITB.
This Guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies
of the Contract signed by the Bidder and the Performance Security issued to you upon the
instruction of the Bidder; or (b) if the Bidder is not the successful Bidder, upon the earlier of (i)
our receipt of a copy of your notification to the Bidder that the Bidder was unsuccessful; or (ii)
twenty-eight days after the expiration of the Bidders Bid.
Consequently, any demand for payment under this Guarantee must be received by us at the office
on or before that date.
This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
[Signature(s) of authorized banks representative(s)]
33
Bid Security (Bid Bond)

[The Surety shall fill in this Bid Bond Form in accordance with the instructions indicated.]
BOND NO. [insert bond number]

BY THIS BOND [insert name of Bidder] as Principal (hereinafter called the Principal), and
[insert name, legal title, and address of surety], authorized to transact business in [insert
name of country of Purchaser], as Surety (hereinafter called the Surety), are held and firmly
bound unto [insert name of Purchaser] as Obligee (hereinafter called the Purchaser) in the
sum of [insert amount of Bond expressed in Iraqi Dinars] [insert amount in words], for the
payment of which sum, well and truly to be made, we, the said Principal and Surety, bind
ourselves, our successors and assigns, jointly and severally, firmly by these presents.
WHEREAS the Principal has submitted a written Bid to the Purchaser dated the ___ day of
__________, 20__, for the supply of [insert name and/or description of goods] (hereinafter
called the Bid).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal:
(1)
withdraws its Bid during the period of bid validity specified by the Bidder on the Bid
Form; or
(2)
having been notified of the acceptance of its Bid by the Purchaser during the period of
Bid validity;
(a)
(b)
fails or refuses to execute the Contract Form in accordance with the Instructions to
Bidders, if required; or
fails or refuses to furnish the Performance Security in accordance with the
Instructions to Bidders;
then the Surety undertakes to immediately pay to the Purchaser up to the above amount upon
receipt of the Purchaser's first written demand, without the Purchaser having to substantiate its
demand, provided that in its demand the Purchaser shall state that the demand arises from the
occurrence of any of the above events, specifying which event(s) has occurred.
The Surety hereby agrees that its obligation will remain in full force and affect up to and
including the date 28 days after the date of expiration of the Bid validity as stated in the
Invitation to Bid. Any demand in respect of this Bond should reach the Surety not later than the
above date.
IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be
executed in their respective names this ____ day of ____________ 20__.
34
Principal (s): [name(s) of authorized representative(s) of the Surety]

Surety:
Surety]
Corporate Seal (where appropriate)
[Name of
_______________________________
(Signature)
____________________________________
(Signature)
_______________________________
(Printed name and title)
____________________________________
(Printed name and title)
35
Bid-Securing Declaration
[The Bidder shall fill in this Form in accordance with the instructions indicated .]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Purchaser]
We, the undersigned, declare that:
1.
We understand that, according to your conditions, bids must be supported by a BidSecuring Declaration.
2.
We accept that we will automatically be suspended from being eligible for bidding in any
contract with the Purchaser for the period of time of [insert number of months or years] starting
on [insert date], if we are in breach of our obligation(s) under the bid conditions, because we:
(a)
have withdrawn our Bid during the period of bid validity specified by us in the Bidding
Data Sheet; or
(b)
having been notified of the acceptance of our Bid by the Purchaser during the period of
bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to
furnish the Performance Security, in accordance with the ITB.
3.
We understand this Bid Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of (i) our receipt of a copy of your notification of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.
4.
We understand that if we are a Joint Venture, the Bid Securing Declaration must be in the
name of the Joint Venture that submits the bid. If the Joint Venture has not been legally
constituted at the time of bidding, the Bid Securing Declaration shall be in the names of all future
partners as named in the letter of intent.
Signed: [insert signature of person whose name and capacity are shown] In the capacity of
[insert legal capacity of person signing the Bid Securing Declaration]
Name: [insert complete name of person signing the Bid Securing Declaration]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
36
Section V. Eligible Countries

Eligibility for the Provision of Goods, Works and Services in Bank-Financed Procurement
1.
In accordance with Para 1.8 of the Guidelines: Procurement under IBRD Loans and IDA
Credits, dated May 2004, the Bank permits firms and individuals from all countries to
offer goods, works and services for Bank-financed projects. As an exception, firms of a
Country or goods manufactured in a Country may be excluded if:
Para 1.8 (a) (i): as a matter of law or official regulation, the Borrowers Country
prohibits commercial relations with that Country, provided that the
Bank is satisfied that such exclusion does not preclude effective
competition for the supply of the Goods or Works required, or
Para 1.8 (a) (ii): by an Act of Compliance with a Decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrowers Country prohibits any import of
goods from that Country or any payments to persons or entities in
that Country.
2.
For the information of borrowers and bidders, at the present time firms, goods and
services from the following countries are excluded from this bidding:
(a)
With reference to paragraph 1.8 (a) (i) of the Guidelines:

_________________________
_________________________
(b)
With reference to paragraph 1.8 (a) (ii) of the Guidelines:

_________________________
_________________________
37
PART 2 Supply Requirements
38

Contents
1.
List of Goods and Delivery Schedule.............................................................................39
2.
List of Related Services and Completion Schedule.........................................................40
3.
Technical Specifications.................................................................................................41
4.
Drawings.........................................................................................................................43
5.
Inspections and Tests......................................................................................................44
39
Notes for Preparing the Schedule of

Requirements
The Schedule of Requirements shall be included in the bidding documents by the Purchaser, and
shall cover, at a minimum, a description of the goods and services to be supplied and the delivery
schedule.
The objective of the Schedule of Requirements is to provide sufficient information to enable
bidders to prepare their bids efficiently and accurately, in particular, the Price Schedule, for
which a form is provided in Section IV. In addition, the Schedule of Requirements, together with
the Price Schedule, should serve as a basis in the event of quantity variation at the time of award
of contract pursuant to ITB Clause 37.1.
40
1.
List of Goods and Delivery Schedule
[The Purchaser shall fill in this table (Columns A to G inclusive) with column H which is to be filled by the Bidder]
Line
Item
Description of Goods
Quantity
Physical
unit
A
[insert
item No]
B
[insert description of Goods]
C
[insert
quantity of
item to be
supplied]
D
[insert
physical unit
for the
quantity]
Final (Project
Site)
Destination
E
[insert place of
Delivery]
Delivery Date
Earliest Delivery
Date
Latest Delivery
Date
[insert the number of

days following the date of
effectiveness the
Contract]
[insert the number of

days following the date of
effectiveness the
Contract]
Bidders offered
Delivery date [to be
provided by the
bidder]
H
[insert the number of days
following the date of
effectiveness the Contract]
2.
41
List of Related Services and Completion Schedule
[This table shall be filled in by the Purchaser. The Required Completion Dates should be realistic, and consistent with the
required Goods Delivery Dates]
Service
N
Description of Service
Quantity1
Physical Unit
Place where Services

shall be performed
Final Completion
Date(s) of Services
[insert
Service No]
[insert description of Related Services]
[insert quantity of
items to be supplied]
[insert physical unit

for the items]
[insert name of the Place]
[insert required Completion

Date(s)]
1. If applicable
3.
42
Technical Specifications
The purpose of the Technical Specifications (TS), is to define the technical characteristics of the
Goods and Related Services required by the Purchaser. The Purchaser shall prepare the detailed
TS take into account that:
The TS constitute the benchmarks against which the Purchaser will verify the technical
responsiveness of bids and subsequently evaluate the bids. Therefore, well-defined TS will
facilitate preparation of responsive bids by bidders, as well as examination, evaluation, and
comparison of the bids by the Purchaser.
The TS shall require that all goods and materials to be incorporated in the goods be new,
unused, and of the most recent or current models, and that they incorporate all recent
improvements in design and materials, unless provided for otherwise in the contract.
The TS shall make use of best practices. Samples of specifications from successful similar
procurements in the same country or sector may provide a sound basis for drafting the TS.
Standardizing technical specifications may be advantageous, depending on the complexity of

the goods and the repetitiveness of the type of procurement. Technical Specifications should
be broad enough to avoid restrictions on workmanship, materials, and equipment commonly
used in manufacturing similar kinds of goods.
Standards for equipment, materials, and workmanship specified in the Bidding Documents
shall not be restrictive. Reference to brand names, catalogue numbers, or other details that
limit any materials or items to a specific manufacturer should be avoided as far as possible.
Where unavoidable, such item description should always be followed by the words or
substantially equivalent.
Reference to brand names and catalogue numbers should be avoided as far as possible;
where unavoidable the words or at least equivalent shall always follow such references.
Technical Specifications shall be fully descriptive of the requirements in respect of, but not
limited to, the following:
(a)
Standards of materials and workmanship required for the production and

manufacturing of the Goods.
(b)
Detailed tests required (type and number).
(c)
Other additional work and/or Related Services required to achieve full

delivery/completion.
(d)
Detailed activities to be performed by the Supplier, and participation of the

Purchaser thereon.
(e)
List of detailed functional guarantees covered by the Warranty and the

specification of the liquidated damages to be applied in the event that such
guarantees are not met.
43
The TS shall specify all essential technical and performance characteristics and
requirements, including guaranteed or acceptable maximum or minimum values, as
appropriate. Whenever necessary, the Purchaser shall include an additional ad-hoc bidding
form (to be an Attachment to the Bid Submission Sheet), where the Bidder shall provide
detailed information on such technical performance characteristics in respect to the
corresponding acceptable or guaranteed values.
When the Purchaser requests that the Bidder provides in its bid a part or all of the Technical
Specifications, technical schedules, or other technical information, the Purchaser shall specify in
detail the nature and extent of the required information and the manner in which it has to be
presented by the Bidder in its bid.
[If a summary of the Technical Specifications (TS) has to be provided, the Purchaser shall insert
information in the table below. The Bidder shall prepare a similar table to justify compliance
with the requirements]
Summary of Technical Specifications. The Goods and Related Services shall comply with
following Technical Specifications and Standards:
Item No
[insert item
No]
Name of Goods or
Related Service
[insert name]
Technical Specifications and Standards

[insert TS and Standards]
Detailed Technical Specifications and Standards [whenever necessary].

[Insert detailed description of TS]
_______________________________________________________________________
_______________________________________________________________________
_____________________________________________________________]__
44
Section VI Schedule of Requirements
4.
Drawings
These Bidding Documents includes [insert the following or no] drawings.

[If documents shall be included, insert the following List of Drawings]
List of Drawings
Drawing Nr.
Drawing Name
Purpose
5.
45
Inspections and Tests
The following inspections and tests shall be performed: [insert list of inspections and tests]
List of Inspections and Tests

Line Item
No
Brief Description
of Item
Inspection and/or Test
46
PART 3 - Contract
47
Section VII. General Conditions of Contract

Table of Clauses
1
Scope of Bid.....................................................................................................................4
Source of Funds................................................................................................................4
Fraud and Corruption........................................................................................................4
Eligible Bidders................................................................................................................5
Eligible Goods and Related Services................................................................................6
Sections of Bidding Documents........................................................................................6
Clarification of Bidding Documents.................................................................................6
Amendment of Bidding Documents..................................................................................7
Cost of Bidding.................................................................................................................7
10
Language of Bid...............................................................................................................7
11
Documents Comprising the Bid........................................................................................7
12
Bid Submission Form and Price Schedules.......................................................................7
13
Alternative Bids................................................................................................................8
14
Bid Prices and Discounts..................................................................................................8
15
Documents Establishing the Eligibility of the Bidder.......................................................8
16
Documents Establishing the Conformity of the Goods and Related Services...................8
17
Documents Establishing the Qualifications of the Bidder.................................................9
18
Period of Validity of Bids..................................................................................................9
19
Bid Security......................................................................................................................9
20
Format and Signing of Bid..............................................................................................10
21
Submission, Sealing and Marking of Bids......................................................................10
22
Deadline for Submission of Bids....................................................................................11
23
Late Bids.........................................................................................................................11
24
Withdrawal, Substitution, and Modification of Bids......................................................11
25
Bid Opening....................................................................................................................11
26
Confidentiality................................................................................................................12
27
Clarification of Bids........................................................................................................12
28
Responsiveness of Bids...................................................................................................12
29
Non conformities, Errors, and Omissions.......................................................................13
30
Preliminary Examination of Bids....................................................................................13
31
Examination of Terms and Conditions; Technical Evaluation.........................................13
48
32
Evaluation of Bids..........................................................................................................14
33
Comparison of Bids........................................................................................................14
34
Post-qualification of the Bidder......................................................................................14
35
Purchasers Right to Accept Any Bid, and to Reject Any or All Bids.............................15
36
Award Criteria.................................................................................................................15
37
Purchasers Right to Vary Quantities at Time of Award..................................................15
38
Notification of Award......................................................................................................15
39
Signing of Contract.........................................................................................................15
40
Performance Security......................................................................................................15
Section VIII. General Conditions of Contract
49

1
Definitions
1.1
The following words and expressions shall have the meanings hereby assigned to them:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Bank means the World Bank and refers to the International Bank for Reconstruction and
Development (IBRD) or the International Development Association (IDA).
Contract means the Contract Agreement entered into between the Purchaser and the
Supplier, together with the Contract Documents referred to therein, including all
attachments, appendices, and all documents incorporated by reference therein.
Contract Documents means the documents listed in the Contract Agreement, including
any amendments thereto.
Contract Price means the price payable to the Supplier as specified in the Contract
Agreement, subject to such additions and adjustments thereto or deductions therefrom, as
may be made pursuant to the Contract.
Day means calendar day.
Completion means the fulfillment of the Related Services by the Supplier in accordance
with the terms and conditions set forth in the Contract.
GCC means the General Conditions of Contract.
Goods means all of the commodities, raw material, machinery and equipment, and/or
other materials that the Supplier is required to supply to the Purchaser under the Contract.
Purchaser means the entity purchasing the Goods and Related Services, as specified in
the SCC.
Related Services means the services incidental to the supply of the goods, such as
insurance, installation, training and initial maintenance and other such obligations of the
Supplier under the Contract.
SCC means the Special Conditions of Contract.
Subcontractor means any natural person, private or government entity, or a combination
of the above, to whom any part of the Goods to be supplied or execution of any part of the
Related Services is subcontracted by the Supplier.
Supplier means the natural person, private or government entity, or a combination of the
above, whose bid to perform the Contract has been accepted by the Purchaser and is named
as such in the Contract Agreement.
The Project Site, where applicable, means the place named in the SCC.
Contract Documents
2.1
Subject to the order of precedence set forth in the Contract Agreement, all documents forming the
Contract (and all parts thereof) are intended to be correlative, complementary, and mutually
explanatory. The Contract Agreement shall be read as a whole.
Fraud and Corruption
3.1
The Bank requires that Borrowers (including beneficiaries of Bank loans), as well as Bidders,
Suppliers, Contractors, and Consultants under Bank-financed contracts, observe the highest
standard of ethics during the procurement and execution of such contracts. In pursuit of this
50
policy, the Bank:

(a)
defines, for the purposes of this provision, the terms set forth below as follows:
(i)
corrupt practice means the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the action of a public official in
the procurement process or in contract execution; and
(ii)
fraudulent practice means a misrepresentation or omission of facts in order

to influence a procurement process or the execution of a contract;
(iii)
collusive practice means a scheme or arrangement between two or more

Bidders, with or without the knowledge of the Borrower, designed to establish
bid prices at artificial, non competitive levels; and;
(iv)
(b)
(c)
coercive practice means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in the
procurement process or affect the execution of a contract;
will sanction a firm or individual, including declaring them ineligible, either indefinitely or
for a stated period of time, to be awarded a Bank-financed contract if it at any time
determines that they have, directly or through an agent, engaged, in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a Bank-financed contract;
and
will have the right to require that Suppliers to permit the Bank to inspect their accounts and
records and other documents relating to the bid submission and contract performance and
to have them audited by auditors appointed by the Bank.
Interpretation
4.1
If the context so requires it, singular means plural and vice versa.
4.2
Entire Agreement:
The Contract constitutes the entire agreement between the Purchaser and the Supplier and
supersedes all communications, negotiations and agreements (whether written or oral) of the
parties with respect thereto made prior to the date of Contract.
4.3
Amendment:
No amendment or other variation of the Contract shall be valid unless it is in writing, is dated,
expressly refers to the Contract, and is signed by a duly authorized representative of each party
thereto.
4.4
Nonwaiver:
(a)
(b)
4.5
Subject to GCC Sub-Clause 4.4(b) below, no relaxation, forbearance, delay, or indulgence

by either party in enforcing any of the terms and conditions of the Contract or the granting
of time by either party to the other shall prejudice, affect, or restrict the rights of that party
under the Contract, neither shall any waiver by either party of any breach of Contract
operate as waiver of any subsequent or continuing breach of Contract.
Any waiver of a partys rights, powers, or remedies under the Contract must be in writing,
dated, and signed by an authorized representative of the party granting such waiver, and
must specify the right and the extent to which it is being waived.
Severability
If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,
51
such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
Language
5.1
The Contract as well as all correspondence and documents relating to the Contract exchanged by
the Supplier and the Purchaser, shall be written in the language specified in the SCC. Supporting
documents and printed literature that are part of the Contract may be in another language provided
they are accompanied by an accurate translation of the relevant passages in the language specified,
in which case, for purposes of interpretation of the Contract, this translation shall govern.
5.2
The Supplier shall bear all costs of translation to the governing language and all risks of the
accuracy of such translation, for documents provided by the Supplier.
Joint Venture, Consortium or Association
6.1
If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and
severally liable to the Purchaser for the fulfillment of the provisions of the Contract and shall
designate one party to act as a leader with authority to bind the joint venture, consortium, or
association. The composition or the constitution of the joint venture, consortium, or association
shall not be altered without the prior consent of the Purchaser.
Notices
7.1
Any notice given by one party to the other pursuant to the Contract shall be in writing to the
address specified in the SCC. The term in writing means communicated in written form with
proof of receipt.
7.2
A notice shall be effective when delivered or on the notices effective date, whichever is later.
Governing Law
8.1
The Contract shall be governed by and interpreted in accordance with the laws of Iraq.
Settlement of Disputes
9.1
The Purchaser and the Supplier shall make every effort to resolve amicably by direct informal
negotiation any disagreement or dispute arising between them under or in connection with the
Contract.
9.2
Disputes will be settled in accordance with the Laws of Iraq.
10 Scope of Supply
10.1 The Goods and Related Services to be supplied shall be as specified in the Schedule of
Requirements.
11 Delivery and Documents

11.1 Subject to GCC Sub-Clause 29.1, the Delivery of the Goods and Completion of the Related
Services shall be in accordance with the Delivery and Completion Schedule specified in the
Schedule of Requirements. The details of shipping and other documents to be furnished by the
Supplier are specified in the SCC.
12 Suppliers Responsibilities
52
12.1 The Supplier shall supply all the Goods and Related Services included in the Scope of Supply in
accordance with GCC Clause 10, and the Delivery and Completion Schedule, as per GCC Clause
11.
13 Contract Price
13.1 Prices charged by the Supplier for the Goods supplied and the Related Services performed under
the Contract shall not vary from the prices quoted by the Supplier in its bid.
14 Terms of Payment
14.1 The Contract Price, including any Advance Payments, if applicable, shall be paid as specified in
the SCC.
14.2 The Suppliers request for payment shall be made to the Purchaser in writing, accompanied by
invoices describing, as appropriate, the Goods delivered and Related Services performed, and by
the documents submitted pursuant to GCC Clause 11 and upon fulfillment of all other obligations
stipulated in the Contract.
14.3 Payments shall be made promptly by the Purchaser, but in no case later than sixty (60) days after
submission of an invoice or request for payment by the Supplier, and after the Purchaser has
accepted it.
14.4
In the event that the Purchaser fails to pay the Supplier any payment by its due date or within the
period set forth in the SCC, the Purchaser shall pay to the Supplier interest on the amount of such
delayed payment at the rate shown in the SCC, for the period of delay until payment has been
made in full, whether before or after judgment or arbitrage award.
15 Taxes and Duties

15.1 All price are inclusive of applicable taxes and duties.
16 Performance Security
16.1 If required as specified in the SCC, the Supplier shall, within twenty-eight (28) days of the
notification of contract award, provide a performance security for the performance of the Contract
in the amount specified in the SCC.
16.2 The proceeds of the Performance Security shall be payable to the Purchaser as compensation for
any loss resulting from the Suppliers failure to complete its obligations under the Contract.
16.3 As specified in the SCC, the Performance Security, if required, shall be in one of the format
stipulated by the Purchaser in the SCC, or in another format acceptable to the Purchaser.
16.4 The Performance Security shall be discharged by the Purchaser and returned to the Supplier not
later than twenty-eight (28) days following the date of Completion of the Suppliers performance
obligations under the Contract, including any warranty obligations, unless specified otherwise in
the SCC.
17 Copyright
53
17.1 The copyright in all drawings, documents, and other materials containing data and information
furnished to the Purchaser by the Supplier herein shall remain vested in the Supplier, or, if they
are furnished to the Purchaser directly or through the Supplier by any third party, including
suppliers of materials, the copyright in such materials shall remain vested in such third party
18 Confidential Information
18.1 The Purchaser and the Supplier shall keep confidential and shall not, without the written consent
of the other party hereto, divulge to any third party any documents, data, or other information
furnished directly or indirectly by the other party hereto in connection with the Contract, whether
such information has been furnished prior to, during or following completion or termination of the
Contract. Notwithstanding the above, the Supplier may furnish to its Subcontractor such
documents, data, and other information it receives from the Purchaser to the extent required for
the Subcontractor to perform its work under the Contract, in which event the Supplier shall obtain
from such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier
under GCC Clause 18.
18.2 The Purchaser shall not use such documents, data, and other information received from the
Supplier for any purposes unrelated to the contract. Similarly, the Supplier shall not use such
documents, data, and other information received from the Purchaser for any purpose other than
the performance of the Contract.
18.3 The obligation of a party under GCC Sub-Clauses 18.1 and 18.2 above, however, shall not apply
to information that:
(a)
(b)
(c)
(d)
the Purchaser or Supplier need to share with the Bank or other institutions participating in
the financing of the Contract;
now or hereafter enters the public domain through no fault of that party;
can be proven to have been possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party; or
otherwise lawfully becomes available to that party from a third party that has no obligation
of confidentiality.
18.4 The above provisions of GCC Clause 18 shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract in respect of
the Supply or any part thereof.
18.5 The provisions of GCC Clause 18 shall survive completion or termination, for whatever reason, of
the Contract.
19 Subcontracting
19.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded under the Contract
if not already specified in the bid. Such notification, in the original bid or later shall not relieve
the Supplier from any of its obligations, duties, responsibilities, or liability under the Contract.
19.2 Subcontracts shall comply with the provisions of GCC Clause 3.
20 Specifications and Standards

20.1 Technical Specifications and Drawings
54
(a)
(b)
(c)
The Goods and Related Services supplied under this Contract shall conform to the technical
specifications and standards mentioned in Section VI, Schedule of Requirements and, when
no applicable standard is mentioned, the standard shall be equivalent or superior to the
official standards whose application is appropriate to the Goods country of origin.
The Supplier shall be entitled to disclaim responsibility for any design, data, drawing,
specification or other document, or any modification thereof provided or designed by or on
behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser.
Wherever references are made in the Contract to codes and standards in accordance with
which it shall be executed, the edition or the revised version of such codes and standards
shall be those specified in the Schedule of Requirements. During Contract execution, any
changes in any such codes and standards shall be applied only after approval by the
Purchaser and shall be treated in accordance with GCC Clause 29.
21 Packing and Documents

21.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or
deterioration during transit to their final destination, as indicated in the Contract. During transit,
the packing shall be sufficient to withstand, without limitation, rough handling and exposure to
extreme temperatures, salt and precipitation, and open storage. Packing case size and weights
shall take into consideration, where appropriate, the remoteness of the goods final destination and
the absence of heavy handling facilities at all points in transit.
21.2 The packing, marking, and documentation within and outside the packages shall comply strictly
with such special requirements as shall be expressly provided for in the Contract, including
additional requirements, if any, specified in the SCC, and in any other instructions ordered by the
Purchaser.
22 Insurance
22.1 The Goods supplied under the Contract shall be fully insured against loss or damage incidental to
manufacture or acquisition, transportation, storage, and delivery.
23 Inspections and Tests

23.1 The Supplier shall at its own expense and at no cost to the Purchaser carry out all such tests and/or
inspections of the Goods and Related Services as are specified in the SCC.
23.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor,
at point of delivery, and/or at the Goods final destination, or in another place in the Iraq as
specified in the SCC. Subject to GCC Sub-Clause 23.3, if conducted on the premises of the
Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings
and production data, shall be furnished to the inspectors at no charge to the Purchaser.
23.3 The Purchaser or its designated representative shall be entitled to attend the tests and/or
inspections referred to in GCC Sub-Clause 23.2, provided that the Purchaser bear all of its own
costs and expenses incurred in connection with such attendance including, but not limited to, all
traveling and board and lodging expenses.
23.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable
advance notice, including the place and time, to the Purchaser. The Supplier shall obtain from any
relevant third party or manufacturer any necessary permission or consent to enable the Purchaser
or its designated representative to attend the test and/or inspection.
55
23.5 The Purchaser may require the Supplier to carry out any test and/or inspection not required by the
Contract but deemed necessary to verify that the characteristics and performance of the Goods
comply with the technical specifications codes and standards under the Contract, provided that the
Suppliers reasonable costs and expenses incurred in the carrying out of such test and/or
inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes the
progress of manufacturing and/or the Suppliers performance of its other obligations under the
Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and
the other obligations so affected.
23.6 The Supplier shall provide the Purchaser with a report of the results of any such test and/or
inspection.
23.7 The Purchaser may reject any Goods or any part thereof that fail to pass any test and/or inspection
or do not conform to the specifications. The Supplier shall either rectify or replace such rejected
Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the
Purchaser, and shall repeat the test and/or inspection, at no cost to the Purchaser, upon giving a
notice pursuant to GCC Sub-Clause 23.4.
23.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part
thereof, nor the attendance by the Purchaser or its representative, nor the issue of any report
pursuant to GCC Sub-Clause 23.6, shall release the Supplier from any warranties or other
obligations under the Contract.
24 Liquidated Damages
24.1 Except as provided under GCC Clause 28, if the Supplier fails to deliver any or all of the Goods
by the Date(s) of delivery or perform the Related Services within the period specified in the
Contract, the Purchaser may without prejudice to all its other remedies under the Contract, deduct
from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in the
SCC of the delivered price of the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance, up to a maximum deduction of the
percentage specified in those SCC. Once the maximum is reached, the Purchaser may terminate
the Contract pursuant to GCC Clause 31.
25 Warranty
25.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current
models, and that they incorporate all recent improvements in design and materials, unless
provided otherwise in the Contract.
25.2 Subject to GCC Sub-Clause 20.1(b), the Supplier further warrants that the Goods shall be free
from defects arising from any act or omission of the Supplier or arising from design, materials,
and workmanship, under normal use in the conditions prevailing in the country of final
destination.
25.3 Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12) months
after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at
the final destination indicated in the SCC, or for eighteen (18) months after the date of shipment
from the port or place of loading in the country of origin, whichever period concludes earlier.
25.4 The Purchaser shall give notice to the Supplier stating the nature of any such defects together with
all available evidence thereof, promptly following the discovery thereof. The Purchaser shall
56
afford all reasonable opportunity for the Supplier to inspect such defects.
25.5 Upon receipt of such notice, the Supplier shall, within the period specified in the SCC,
expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Purchaser.
25.6 If having been notified, the Supplier fails to remedy the defect within the period specified in the
SCC, the Purchaser may proceed to take within a reasonable period such remedial action as may
be necessary, at the Suppliers risk and expense and without prejudice to any other rights which
the Purchaser may have against the Supplier under the Contract.
26 Patent Indemnity
26.1 The Supplier shall, subject to the Purchasers compliance with GCC Sub-Clause 26.2, indemnify
and hold harmless the Purchaser and its employees and officers from and against any and all suits,
actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of
any nature, including attorneys fees and expenses, which the Purchaser may suffer as a result of
any infringement or alleged infringement of any patent, utility model, registered design,
trademark, copyright, or other intellectual property right registered or otherwise existing at the
date of the Contract by reason of:
(a)
the installation of the Goods by the Supplier or the use of the Goods in the country where
the Site is located; and
(b) the sale in any country of the products produced by the Goods.
Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose
indicated by or to be reasonably inferred from the Contract, neither any infringement resulting
from the use of the Goods or any part thereof, or any products produced thereby in association or
combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant
to the Contract.
26.2 If any proceedings are brought or any claim is made against the Purchaser arising out of the
matters referred to in GCC Sub-Clause 26.1, the Purchaser shall promptly give the Supplier a
notice thereof, and the Supplier may at its own expense and in the Purchasers name conduct such
proceedings or claim and any negotiations for the settlement of any such proceedings or claim.
26.3 If the Supplier fails to notify the Purchaser within twenty-eight (28) days after receipt of such
notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free to
conduct the same on its own behalf.
26.4 The Purchaser shall, at the Suppliers request, afford all available assistance to the Supplier in
conducting such proceedings or claim, and shall be reimbursed by the Supplier for all reasonable
expenses incurred in so doing.
26.5 The Purchaser shall indemnify and hold harmless the Supplier and its employees, officers, and
Subcontractors from and against any and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of any nature, including attorneys fees and
expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of
any patent, utility model, registered design, trademark, copyright, or other intellectual property
right registered or otherwise existing at the date of the Contract arising out of or in connection
with any design, data, drawing, specification, or other documents or materials provided or
designed by or on behalf of the Purchaser.
27 Change in Laws and Regulations
57
27.1 Unless otherwise specified in the Contract, if after the date of 28 days prior to date of Bid
submission, any law, regulation, ordinance, order or bylaw having the force of law is enacted,
promulgated, abrogated, or changed in Iraq (which shall be deemed to include any change in
interpretation or application by the competent authorities) that subsequently affects the Delivery
Date and/or the Contract Price, then such Delivery Date and/or Contract Price shall be
correspondingly increased or decreased, to the extent that the Supplier has thereby been affected
in the performance of any of its obligations under the Contract.
28 Force Majeure
28.1 The Supplier shall not be liable for forfeiture of its Performance Security, liquidated damages, or
termination for default if and to the extent that its delay in performance or other failure to perform
its obligations under the Contract is the result of an event of Force Majeure.
28.2 For purposes of this Clause, Force Majeure means an event or situation beyond the control of
the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack
of care on the part of the Supplier. Such events may include, but not be limited to, acts of the
Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine
restrictions, and freight embargoes.
28.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of
such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the
Supplier shall continue to perform its obligations under the Contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performance not prevented by the
Force Majeure event.
29 Change Orders and Contract Amendments

29.1 The Purchaser may at any time order the Supplier through notice in accordance GCC Clause 7, to
make changes within the general scope of the Contract in any one or more of the following:
(a)
(b)
(c)
(d)
drawings, designs, or specifications, where Goods to be furnished under the Contract are to
be specifically manufactured for the Purchaser;
the method of shipment or packing;
the place of delivery; and
the Related Services to be provided by the Supplier.
29.2 If any such change causes an increase or decrease in the cost of, or the time required for, the
Suppliers performance of any provisions under the Contract, an equitable adjustment shall be
made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract
shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must
be asserted within twenty-eight (28) days from the date of the Suppliers receipt of the Purchasers
change order.
29.3 Prices to be charged by the Supplier for any Related Services that might be needed but which
were not included in the Contract shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the Supplier for similar services.
29.4 Subject to the above, no variation in or modification of the terms of the Contract shall be made
58
except by written amendment signed by the parties.
30 Extensions of Time
30.1 If at any time during performance of the Contract, the Supplier or its subcontractors should
encounter conditions impeding timely delivery of the Goods or completion of Related Services
pursuant to GCC Clause 11, the Supplier shall promptly notify the Purchaser in writing of the
delay, its likely duration, and its cause. As soon as practicable after receipt of the Suppliers
notice, the Purchaser shall evaluate the situation and may at its discretion extend the Suppliers
time for performance, in which case the extension shall be ratified by the parties by amendment of
the Contract.
30.2 Except in case of Force Majeure, as provided under GCC Clause 28, a delay by the Supplier in the
performance of its Delivery and Completion obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 24, unless an extension of time is
agreed upon, pursuant to GCC Sub-Clause 30.1.
31 Termination
31.1 Termination for Default
(a)
The Purchaser, without prejudice to any other remedy for breach of Contract, by written
notice of default sent to the Supplier, may terminate the Contract in whole or in part:
(i)
if the Supplier fails to deliver any or all of the Goods within the period specified in
the Contract, or within any extension thereof granted by the Purchaser pursuant to
GCC Clause 30;
(ii)
if the Supplier fails to perform any other obligation under the Contract; or
(iii)
(b)
if the Supplier, in the judgment of the Purchaser has engaged in fraud and corruption,
as defined in GCC Clause 3, in competing for or in executing the Contract.
In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC
Clause 31.1(a), the Purchaser may procure, upon such terms and in such manner as it
deems appropriate, Goods or Related Services similar to those undelivered or not
performed, and the Supplier shall be liable to the Purchaser for any additional costs for
such similar Goods or Related Services. However, the Supplier shall continue performance
of the Contract to the extent not terminated.
31.2 Termination for Insolvency.

(a)
The Purchaser may at any time terminate the Contract by giving notice to the Supplier if
the Supplier becomes bankrupt or otherwise insolvent. In such event, termination will be
without compensation to the Supplier, provided that such termination will not prejudice or
affect any right of action or remedy that has accrued or will accrue thereafter to the
Purchaser
31.3 Termination for Convenience.

(a)
(b)
The Purchaser, by notice sent to the Supplier, may terminate the Contract, in whole or in
part, at any time for its convenience. The notice of termination shall specify that
termination is for the Purchasers convenience, the extent to which performance of the
Supplier under the Contract is terminated, and the date upon which such termination
becomes effective.
The Goods that are complete and ready for shipment within twenty-eight (28) days after the
59
Suppliers receipt of notice of termination shall be accepted by the Purchaser at the

Contract terms and prices. For the remaining Goods, the Purchaser may elect:
(i)
to have any portion completed and delivered at the Contract terms and prices; and/or
(ii)
to cancel the remainder and pay to the Supplier an agreed amount for partially
completed Goods and Related Services and for materials and parts previously
procured by the Supplier.
32 Assignment
32.1 Neither the Purchaser nor the Supplier shall assign, in whole or in part, their obligations under this
Contract, except with prior written consent of the other party.
60
Section VIII. Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement and / or amend the
General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall
prevail over those in the GCC.
[The Purchaser shall select insert the appropriate wording using the samples below or other
acceptable wording, and delete the text in italics]
GCC 1.1(i)
The Purchaser is: [Insert complete legal name of the Purchaser(Implementing

Agency and Project)]
GCC 1.1 (n)
The Project Site(s)/Final Destination(s) is/are: [Insert name(s) and detailed

information on the location(s) of the site(s)]
GCC 5.1
The language shall be: [insert the name of the language ie English or Arabic]
GCC 7.1
For notices, the Purchasers address shall be:

Attention: [ insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
Post Code: [insert postal Post code, if applicable]
Telephone: [include telephone number, including country and city codes]
Facsimile number: [insert facsimile number, including country and city codes]
Electronic mail address: [insert e-mail address, if applicable]
GCC 11.1
Details of Shipping and other Documents to be furnished by the Supplier are

[insert shipping details and other documents].
The above documents shall be received by the Purchaser before arrival of
the Goods and, if not received, the Supplier will be responsible for any
consequent expenses.
GCC 14.1
Sample provision
GCC 14.1The method and conditions of payment to be made to the
Supplier under this Contract shall be as follows:
Section VIII Special Conditions of Contract
61
Payment for Goods and Services shall be made as follows:

(i) Advance Payment: Ten (10) percent of the Contract Price shall be
paid within thirty (30) days of signing of the Contract against a
simple receipt and a bank guarantee for the equivalent amount and
in the form provided in the bidding documents or another form
acceptable to the Purchaser.
(ii) On Delivery: Eighty (80) percent of the Contract Price shall be
paid on receipt of the Goods and upon submission of the documents
specified in GCC Clause 12.
(iii) On Acceptance: The remaining ten (10) percent of the Contract
Price shall be paid to the Supplier within thirty (30) days after the
date of the acceptance certificate for the respective delivery issued
by the Purchaser.
GCC 14.5
The payment-delay period after which the Purchaser shall pay interest to the
supplier shall be [insert number] days.
The interest rate that shall be applied is [insert number] %
GCC 16.1
A Performance Security [ insert shall or shall not be required]

[If a Performance Security is required, insert the amount of the Performance
Security shall be: [insert amount]
[The amount of the Performance Security is usually expressed as a percentage
of the Contract Price. The percentage varies according to the Purchasers
perceived risk and impact of non performance by the Supplier. A 10%
percentage is used under normal circumstances]
GCC 16.3
If required, the Performance Security shall be in the form of : [insert a Bank

Guarantee or a Performance Bond]
GCC 16.4
Discharge of the Performance Security shall take place: [ insert date if

different from the one indicated in sub clause GCC 17.4]
GCC 21.2
The packing, marking and documentation within and outside the packages shall
be: [insert in detail the type of packing required, the markings in the packing
and all documentation required]
GCC 23.1
The inspections and tests shall be: [insert nature, frequency, procedures for
carrying out the inspections and tests]
GCC 23.2
The Inspections and tests shall be conducted at: [insert name(s) of location(s)]
GCC 25.1
The liquidated damage shall be: [insert number]% per week
62
GCC 24.1
The maximum amount of liquidated damages shall be: [insert number]%
GCC 25.3
The period of validity of the Warranty shall be: [insert number] days
For purposes of the Warranty, the place(s) of final destination(s) shall be:
[insert name(s) of location(s)]
GCC 25.5
The period for repair or replacement shall be: [insert number(s)] days.
63
Section IX. Contract Forms

Table of Forms
1. Contract Agreement........................................................................................................................63
2. Performance Security......................................................................................................................65
3. Bank Guarantee for Advance Payment............................................................................................66
64
Invitation for Bids
1. Contract Agreement
[The successful Bidder shall fill in this form in accordance with the instructions indicated]
THIS CONTRACT AGREEMENT is made
the [ insert: number ] day of [ insert: month ], [ insert: year ].
BETWEEN
(1)
[ insert complete name of Purchaser ], a [ insert description of type of legal

entity, for example, an agency of the Ministry of .... of the Government of { insert
name of Country of Purchaser }, or corporation incorporated under the laws of
{ insert name of Country of Purchaser } ] and having its principal place of
business at [ insert address of Purchaser ] (hereinafter called the Purchaser),
and
(2)
[ insert name of Supplier ], a corporation incorporated under the laws of [ insert:

country of Supplier ] and having its principal place of business at [ insert:
address of Supplier ] (hereinafter called the Supplier).
WHEREAS the Purchaser invited bids for certain Goods and ancillary services, viz., [insert brief
description of Goods and Services] and has accepted a Bid by the Supplier for the supply of
those Goods and Services in the sum of [insert Contract Price in words and figures] (hereinafter
called the Contract Price).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1.
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2.
The following documents shall constitute the Contract between the Purchaser and the
Supplier, and each shall be read and construed as an integral part of the Contract:
(a)
This Contract Agreement
(b)
Special Conditions of Contract
(c)
General Conditions of Contract
(d)
Technical Requirements (including Schedule of Requirements and Technical

Specifications)
(e)
The Suppliers Bid and original Price Schedules
(f)
The Purchasers Notification of Award
(g)
[Add here any other document(s)]
65
3.
This Contract shall prevail over all other Contract documents. In the event of any
discrepancy or inconsistency within the Contract documents, then the documents shall
prevail in the order listed above.
4.
In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter

mentioned, the Supplier hereby covenants with the Purchaser to provide the Goods and
Services and to remedy defects therein in conformity in all respects with the provisions of
the Contract.
5.
The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the
Goods and Services and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Iraq on the day, month and year indicated above.
For and on behalf of the Purchaser
Signed: [insert signature]

in the capacity of [ insert title or other appropriate designation ]
in the presence of [insert identification of official witness]
For and on behalf of the Supplier
Signed: [insert signature of authorized representative(s) of the Supplier]

in the capacity of [ insert title or other appropriate designation ]
in the presence of [ insert identification of official witness]
66
Invitation for Bids
2. Performance Security
[The bank, as requested by the successful Bidder, shall fill in this form in accordance with the
instructions indicated]
Date: [insert date (as day, month, and year) of Bid Submission]
NCB No. and title: [insert no. and title of bidding process]
Banks Branch or Office: [insert complete name of Guarantor]
Beneficiary: [insert complete name of Purchaser]
PERFORMANCE GUARANTEE No.:
[insert Performance Guarantee number]
We have been informed that [insert complete name of Supplier] (hereinafter called "the
Supplier") has entered into Contract No. [insert number] dated [insert day and month], [insert
year] with you, for the supply of [description of Goods and related Services] (hereinafter called
"the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Performance
Guarantee is required.
At the request of the Supplier, we hereby irrevocably undertake to pay you any sum(s) not
exceeding [insert amount(s1) in figures and words] upon receipt by us of your first demand in
writing declaring the Supplier to be in default under the Contract, without cavil or argument, or
your needing to prove or to show grounds or reasons for your demand or the sum specified
therein.
This Guarantee shall expire no later than the [insert number] day of [insert month] [insert
year],2 and any demand for payment under it must be received by us at this office on or before
that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
[signatures of authorized representatives of the bank and the Supplier]
1
2
The Bank shall insert the amount(s) specified in the SCC and denominated, as specified in the SCC.
Dates established in accordance with Clause 17.4 of the General Conditions of Contract (GCC), taking
into account any warranty obligations of the Supplier under Clause 15.2 of the GCC intended to be secured by
a partial Performance Guarantee. The Purchaser should note that in the event of an extension of the time to
perform the Contract, the Purchaser would need to request an extension of this Guarantee from the Bank. Such
request must be in writing and must be made prior to the expiration date established in the Guarantee. In
preparing this Guarantee, the Purchaser might consider adding the following text to the Form, at the end of the
penultimate paragraph: We agree to a one-time extension of this Guarantee for a period not to exceed [six
months] [one year], in response to the Purchasers written request for such extension, such request to be
presented to us before the expiry of the Guarantee.
67
3. Bank Guarantee for Advance Payment

[The bank, as requested by the successful Bidder, shall fill in this form in accordance with the
instructions indicated.]
Date: [insert date (as day, month, and year) of Bid Submission]
NCB No. and title: [insert number and title of bidding process]
[banks letterhead]
Beneficiary: [insert legal name and address of Purchaser]
ADVANCE PAYMENT GUARANTEE No.: [insert Advance Payment Guarantee no.]
We, [insert legal name and address of bank], have been informed that [insert complete name
and address of Supplier] (hereinafter called "the Supplier") has entered into Contract No. [insert
number] dated [insert date of Agreement] with you, for the supply of [insert types of Goods to
be delivered] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance is to be
made against an advance payment guarantee.
At the request of the Supplier, we hereby irrevocably undertake to pay you any sum or sums not
exceeding in total an amount of [insert amount(s)3 in figures and words] upon receipt by us of
your first demand in writing declaring that the Supplier is in breach of its obligation under the
Contract because the Supplier used the advance payment for purposes other than toward delivery
of the Goods.
It is a condition for any claim and payment under this Guarantee to be made that the advance
payment referred to above must have been received by the Supplier on its account [insert
number and domicile of the account]
This Guarantee shall remain valid and in full effect from the date of the advance payment
received by the Supplier under the Contract until [insert date4].
This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
_____________________
[signature(s) of authorized representative(s) of the bank]
3
The bank shall insert the amount(s) specified in the SCC and denominated, as specified in the SCC.
Insert the Delivery date stipulated in the Contract Delivery Schedule. The Purchaser should note that in the event
of an extension of the time to perform the Contract, the Purchaser would need to request an extension of this
Guarantee from the bank. Such request must be in writing and must be made prior to the expiration date
established in the Guarantee. In preparing this Guarantee, the Purchaser might consider adding the following text
to the Form, at the end of the penultimate paragraph: We agree to a one-time extension of this Guarantee for a
period not to exceed [six months][one year], in response to the Purchasers written request for such extension, such
request to be presented to us before the expiry of the Guarantee.
4

Procurement of Goods: Standard Bidding Documents

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i

STANDARD BIDDING DOCUMENTS

SBD for Procurement of Goods

Instructions to Bidders (ITB)

Bidding Data Sheet (BDS)

Evaluation and Qualification Criteria

PART 2 SUPPLY REQUIREMENTS

Special Conditions of Contract (SCC)

Project: [ insert name of Project]

PART 1 Bidding Procedures

Section I. Instructions to Bidders

Fraud and Corruption..........................................................................................................4

Eligible Goods and Related Services...................................................................................6

Contents of Bidding Documents.......................................................................................6

Sections of Bidding Documents..........................................................................................6

Clarification of Bidding Documents....................................................................................6

Amendment of Bidding Documents....................................................................................7

Documents Comprising the Bid..........................................................................................7

Bid Submission Form and Price Schedules.........................................................................7

Bid Prices and Discounts.....................................................................................................8

Documents Establishing the Eligibility of the Bidder..........................................................8

Documents Establishing the Conformity of the Goods and Related Services......................8

Documents Establishing the Qualifications of the Bidder...................................................9

Period of Validity of Bids....................................................................................................9

Format and Signing of Bid................................................................................................10

Submission and Opening of Bids....................................................................................10

Submission, Sealing and Marking of Bids.........................................................................10

Deadline for Submission of Bids.......................................................................................11

Withdrawal, Substitution, and Modification of Bids.........................................................11

Evaluation and Comparison of Bids................................................................................12

Section I Instructions to Bidders

Non conformities, Errors, and Omissions..........................................................................13

Preliminary Examination of Bids......................................................................................13

Examination of Terms and Conditions; Technical Evaluation...........................................13

Post-qualification of the Bidder.........................................................................................14

Purchasers Right to Vary Quantities at Time of Award.....................................................15

Section I Instructions to Bidders

Section I. Instructions to Bidders

Throughout these Bidding Documents:

Fraud and Corruption

fraudulent practice means a misrepresentation or omission of facts in order to

collusive practice means a scheme or arrangement between two or more

Section I Instructions to Bidders

coercive practice means harming or threatening to harm, directly or

Section I Instructions to Bidders

Eligible Goods and Related Services

B. Contents of Bidding Documents

Sections of Bidding Documents

Section I. Instructions to Bidders (ITB)

Section II. Bidding Data Sheet (BDS)

Section III. Evaluation and Qualification Criteria

Section IV. Bidding Forms

Section V. Eligible Countries

PART 2 Supply Requirements

Section VI. Schedule of Requirements

Section VII. General Conditions of Contract (GCC)

Section VIII. Special Conditions of Contract (SCC)

Section IX. Contract Forms

Clarification of Bidding Documents

Section I Instructions to Bidders

Amendment of Bidding Documents

11 Documents Comprising the Bid

12 Bid Submission Form and Price Schedules